The measure defines marriage in the state constitution as between one man and one woman, and bans any other type of "domestic legal union" such as civil unions and domestic partnerships.[1][2]

Same-sex marriage is already illegal in the state of North Carolina. The measure, however, added the ban to the state constitution.[3]

Debated in the state legislature during the Spring 2011 legislative session, the amendment failed to receive sufficient votes to qualify for the ballot. However, the measure was debated during the Fall session which began September 12, 2011.[4] That very day, the House voted 75-42 in favor of referring the proposed amendment to the statewide ballot.[5] The State Senate echoed the House with a 30-16 approval vote a day later on September 13, 2011.[6]

Constitutional changes

Marriage between one man and one woman is the only domestic legal union that shall be valid or recognized in this State. This section does not prohibit a private party from entering into contracts with another private party; nor does this section prohibit courts from adjudicating the rights of private parties pursuant to such contracts.

Neither measure received sufficient votes to qualify for the ballot during the regular 2011 legislative session. However, in late June 2011House Speaker Thom Tillis said he expected the measure to resurface during the Fall 2011 special legislative session.[9]

Arguments

Supporters of the amendment argued that without an amendment banning same-sex unions, situations in which married same-sex couples move from states like New York would seek legal rights and they argued that the state was not "equipped to handle that." Rep. Paul Stam said, "They're going to bring with them their same-sex marriages. They're going to want to get divorced" and have custody issues decided, he said. "We're not equipped to handle that."[5]

Supporters also argued that the issue should be settled by voters and that polls indicate that there was support for such an amendment. "It is too serious a topic for a handful of people (legislators) to make a decision like that," said Rep. Larry Brown.[18]

Rep. Mitch Gillespie said, "We've been fighting for this for a long time. I fully expect it to pass this year and I expect a large bipartisan vote on it."[19]

Tami Fitzgerald, executive director of N.C. Values Coalition, argued that placing the amendment was the "right thing to do" and it fulfilled the democratic process by allowing everybody to vote. Fitzgerald added, "The people of North Carolina want to determine for themselves how they want to define marriage. They don’t want activist judges doing it for them."[20]

In a response to President Obama's statement of opposition to the measure, Bishop Burbidge and Bishop Jugis penned a joint statement further explaining their support of the amendment, saying, "Our profound regard for marriage, as the complementary and fruitful union of a man and a woman does not negate our concern for the well-being of all people, but reinforces it."[21]

When asked why elected officials were focusing on social issues during hard economic times, Union County Commissioner Todd Johnson responded by saying, "One thing comes to mind. If the moral and social issues of our country are not addressed, we don’t have to worry about the economic issues. They will not matter at that point in time."[22]

Campaign advertisements

The group Vote FOR Marriage NC ran a series of ads supporting the amendment, including one specifically targeting an ad from the opposition.[23]

Tactics and strategies

On May 17, 2011 an estimated 3,500 Christian conservatives gathered in Raleigh, North Carolina. Supporters included pastors and evangelists. The rally was also attended by amendment opponents.[24] "It's not a right that they have. God designed marriage between one man, and one woman. That's it," said Diane Bridgeman, a supporter of traditional marriage.[25]

The Durham County Republican Party passed a resolution at their annual convention, on March 17, 2012, expressing support for the amendment and arguing that the amendment gives citizens of North Carolina a vote on the issue before it can be decided by the court or state without the people's consent. The resolution further argues that the amendment does not change existing law and can be revoked by voters in the future.[14] The text of the resolution can be found here.

On Friday, April 20, 2012, supporters of the amendment gathered in Raleigh for Return America rally. The rally hosted a number of high profile speakers, including Mary Frances Forrester, widow of the amendment's primary sponsor, Senator James Forrester.[15]

Campaign contributions

According to news reports, N.C. Values Coalition, the organization that supported the measure during the legislative review, made the first donation ($1,000) to the pro-amendment committee.[26]

On September 12, 2011 more than 75 North Carolina CEOs signed an open letter to state officials asking them to halt efforts to approve the proposed amendment. Signers included:[38][39]

Martin Eakes, CEO of Self Help and the Center for Responsible Lending;

Kel Landis, a partner in Pelux Capital;

Ping Fu, CEO of Geomagic;

Marc Noel, chairman of the Noel Group;

Ryan Allis, CEO of iContact;

Barbara Goodmon, president of the A.J. Fletcher Foundation;

Andy and Barbara Rotchschild, principals of Scientific Properties;

Gordon Grubb, CEO of Grubb Ventures;

Chuck Wilson, owner and president of CT Wilson Construction;

Scott Custer, CEO of Piedmont Community Bank;

Joseh DeSimone, founder of Liquidia Technologies;

Peter Norvig, Director of Research, Google Inc.

Arguments

Opponents of the measure argued that a ban on legal same-sex unions should not be added to the state constitution. They also argued that the subject - "rights of a minority" - should not be up for a vote.[19] Others argued that the proposed amendment may lead to more bullying of gay youth; in addition, the amendment could invalidate certain domestic violence protections for unmarried couples, gay or straight.[5][40]

Some lawmakers argued that the proposed amendment would hurt employment in the state. Rep. Larry Hall said, "Instead of creating an environment where we can create employment, attract entrepreneurs (and) attract talent, we're going to try to put a sign up to say, 'You are not welcome if you want to contribute to our society.'"[41]

Rev. T. Anthony Spearman, pastor of Clinton Tabernacle African Methodist Episcopal Zion said that the amendment "is not fair and it certainly is not just."[19]

According to reports, Democrats argued that the amendment was a tactic to help Republicans attract more voters to the election polls in 2012 which would reportedly would have close elections for president and governor.[41]

"This is a transient issue of public policy and it has no place in the Constitution of North Carolina," said Rep. Joe Hackney, the House Minority Leader.[5]

On September 12, 2011 the Chapel Hill Town Council passed a resolution in opposition of the proposed amendment. "We do not believe in discriminating against people, no matter who they are," said council member Penny Rich. The town at the time offered equal benefits to couples in a domestic partnership regardless of sexual orientation, and would not be permitted to continue offering these benefits if the amendment passed.[42]

President Barack Obama spoke out against the proposed amendment. "While the president does not weigh in on every single ballot measure in every state, the record is clear that the president has long opposed divisive and discriminatory efforts to deny rights and benefits to same-sex couples," said White House spokesman Cameron French.[43]

A spokesperson for Congresswoman Renee Ellmers said, "As a voter, she [Ellmers] would vote against a piece of legislation that would add a ban on civil unions to the protection of marriage since they are two different issues and should be dealt with separately."[44]

Log Cabin Republicans Executive Director R. Clarke Cooper said, "The proposed constitutional amendment is an unnecessary and overreaching incursion on North Carolina families, and with the opposition of conservatives like Rep. Ellmers, it will fail."[44]

On October 7, 2011Gov. Bev Perdue announced that she planned to vote against the amendment. In a press release she said, "I continue to support that law today. But I'm going to vote against the amendment because I cannot in good conscience look an unemployed man or woman in the eye and tell them that this amendment is more important than finding them a job."[45][46]

On December 6, 2011 Raleigh City Council passed a resolution (6-2 vote) in opposition of the same-sex marriage amendment.[47][48]

In a statement made against the amendment, Sen. Kay Hagan said, "North Carolina is one of the most business-friendly states in the nation, and this amendment would harm our state’s ability to recruit the innovators and businesses that are driving our economic recovery."[34]

Some opponents of the measure, such as Ed Hanes Jr., a candidate for NC House District 72, and Rev. Paul Lowe, pastor of Shiloh Baptist Church, expressed their belief that the purpose of the amendment was to divide voters during a crucial election year. Hanes spoke to Democratic voters in Winston-Salem saying, "It's an amendment put in place to ensure that we stay not focused on what our ultimate goal needs to be, and that is ensuring that our president, Barack Hussein Obama, is re-elected this year."[49]

Campaign advertisements

At the launch of the campaign against the proposed measure, "Protect All North Carolina Families" released a couple of videos. One video highlighted people discussing reasons why to oppose the measure, the other called for increased conversation about the proposed amendment.[50] Since then, the organization has produced many more videos opposing the Amendment, including statements from law professors and politicians.[51]

The state chapter of the NAACP launched a radio campaign against the amendment asking that North Carolina voters oppose the amendment in the name of keeping discrimination out of the state constitution. The state NAACP said that although it opposed the amendment, its campaigning at the time should not be viewed as a stance on gay marriage.[36]

Tactics, strategies and events

Sept. 13, 2011 rally in Raleigh, North Carolina

On May 17, 2011 opponents of the proposed measure gathered in Raleigh, North Carolina. According to reports, an estimated 3,500 supporters of traditional marriage were also in attendance.[25]

According to reports, on June 24, 2011 hundreds marched from the Convention Center to Marshall Park in Charlotte, North Carolina in protest of the proposed anti-gay marriage amendment.[52]

In August 2011 Matt Phillippi of Equality North Carolina launched an effort at the N.C. Gay and Lesbian Film Festival where opponents of the proposed legislation signed postcards. According to Phillippi more than 500 postcards were signed. The group planned to deliver an estimated 5,000 postcards to legislators in September when lawmakers return to session to consider the proposed amendment.[53]

On September 6, 2011 key members of the House Democratic Caucus gathered for a news conference at the Legislative Building to speak against the amendment. Among the speakers were business executives.[54]

On March 15, 2012 a group called "Honest NC," which consists of North Carolina State University alumni, planned to hold a march in downtown Raleigh.[57]

In late January the group "Equality NC" began a pledge drive called "Race to the Ballot." The event took place over the course of several weeks in February. Reportedly, the event's goal was to raise voter awareness of what will be on this year's primary ballot.[58]

According to reports, opponents of the amendment moved arguments away from civil-union issues and, instead, focused on the possibility that the amendment would compromise a variety of legal assets available to all unmarried couples. Opponents cited domestic violence protection, wills, employment benefits and custody agreements as legal rights endangered by the amendment.[59]

On February 8, 2012, an event was held at the Episcopal Church of the Redeemer in Shelby, N.C., during which local faith leaders spoke out against the amendment. The event was hosted by Neighbors for Equality, Gardner-Webb University’s chapter of Amnesty International, and the church itself. Speaking about the groups' attempts at reaching out to voters, Tyler J. McCall, co-executive director for Neighbors for Equality, said, "The conversations surrounding this legislation are not easy, and we look forward to creating a welcoming environment for our neighbors to join us in talking about this difficult topic."[60]

On the weekend before the vote, several concerts were scheduled to attempt to raise awareness of the amendment. On May 5 the Nightlight in Chapel Hill hosted an Amendment One Awareness Show. The Coalition to Protect All North Carolina Families, Cat’s Cradle in Carrboro, and Durham’s Merge Records all contributed to a May 6 event, called Concert to Defeat Amendment One, held at the Haw River Ballroom in Saxapahaw.[61]

The Coalition to Protect NC Families held an online fundraiser through Twitter on April 30, 2012. According to Nation Hahn, director of online engagement for the group, about $43,000 was raised in the effort.[62]

Controversies and developments

Ballot text

In mid-September 2011 following the referral of the same-sex marriage amendment to the 2012 statewide ballot, it was identified that a sentence was not included in the text scheduled to appear on the ballot. The sentence clarified that the ban would not prohibit private businesses from offering employment contracts that include benefits to domestic partners.[65]

Rep. Paul Stam, one of the proponents of the amendment said that the missing sentence was unnecessary. "The sentence is not even strictly necessary because that's the effect of the first sentence anyway," he said.[65]

However, others argued that the omission of the second sentence could have opened the proposed amendment to legal challenge and various interpretations by the courts. Rep. Rick Glazier said, "That sentence was crucial in some legislators' minds about why they were willing to vote for it (and) pretty crucial to the business community. To say you can have half of this constitutional amendment with half of it gone ... makes no sense whatsoever."[65]

May 2012 vote

According to reports, the move to the primary ballot alleviated concerns by Democratic lawmakers who believed a November vote may have been boosted by a higher conservative turnout for the presidential election. However, others argued that a May primary vote may make it more likely that the amendment would gain approval due to a potentially higher turnout by conservatives for the GOP presidential primary.[66]

Gubernatorial election

In January of 2012, Governor Beverly Perdue decided not to run for re-election. This decision could have affected the outcome of the amendment due to the fact that her decision added a Democratic primary for governor to the May 8 ballot. Jeremy Kennedy, campaign coordinator for the Coalition to Protect All NC Families, believed this would aid the efforts to defeat the amendment, saying, "We know that progressive voters who would turn out in a democratic primary by in large tend to be with us on this issue, but I'll temper that by saying there's still a lot of work to be done."[67] For more on this race, please see here.

Media endorsements

Opposition

North Carolina newspaper The Pilot published an editorial on April 19 showing opposition to the amendment, they had this to say about the measure: "Besides being unnecessary, Amendment One is dictatorial, demeaning and discriminatory. Here’s hoping it will soon be dead."[68]

Triangle-area newspaper The Independent Weekly published its endorsements for the primary and came out against the amendment. They wrote, "North Carolina can cast a clarion vote against discrimination and in favor of human dignity and loving relationships by rejecting Amendment 1."[69]

On April 29, The New York Times published an editorial opposing the measure, writing, "North Carolinians need to consider whether they really want to inflict this gratuitous bigotry on their fellow citizens and their children."[70]

The Spring Hope Enterprise published an opinion opposing the amendment on April 5, 2012, saying, "The amendment is not necessary, is seriously flawed legally and over-broad, and even its supporters acknowledge is likely to be repealed in only a few years."[71]

Polls

A March 15-19, 2009, poll by Elon University Poll revealed that 43% support an amendment on same-sex marriage, while 50% were opposed and 5% were undecided. A total of 620 registered voters were polled.[72]

A February 20-24, 2011, poll by Elon University Poll revealed that 38% support an amendment, while 56% were opposed and 5% were undecided. A total of 467 registered voters were polled.[73]

An August 15-16, 2011, poll by National Research, Inc. revealed that 49% support an amendment on same-sex marriage, while 43% were opposed and 7% were undecided. A total of 400 registered voters were polled. The margin of error was +/-4.9%. The poll was sponsored by the John W. Pope Civitas Institute.[74]

A September 25-29, 2011, poll by Elon University Poll revealed that 39% supported the amendment, while 56% opposed the amendment and 5% were undecided. A total of 594 registered voters were polled. The margin of error is plus or minus 4.02 percentage points.[75][76]

A September 30-October 3, 2011, poll by Public Policy Polling revealed that 61% support an amendment to establish marriage between one man and one woman, while 34% were opposed. A total of 760 registered voters were polled. The margin of error was +/-3.6%.[77][78]

An October 27-31, 2011, poll by Public Policy Polling revealed that 59% support the amendment, while 35% were opposed and 6% were undecided. A total of 615 registered voters were polled. The margin of error was +/-4.0%.[79]

An October 31-November 2, 2011, poll by Elon University Poll revealed that 37% support the amendment, while 57% were opposed and 6% were undecided. A total of 529 voters were polled. The margin of error was +/- 4.26 percentage points.[80]

A December 1-4, 2011, poll by Public Policy Polling revealed that 58% support the amendment, while 32% were opposed and 10% were undecided. A total of 865 registered voters were polled. The margin of error was +/-3.3%.[81]

A January 5-6, 2012, poll by Public Policy Polling revealed that 56% would vote for the amendment (as written, without explanation), while 34% were opposed and 10% were undecided. A total of 780 registered voters were polled. The margin of error was +/-3.5%.[82]

A March 26-29, 2012, poll by Elon University Poll revealed that 32% would support an amendment banning same-sex marriage, civil unions, and domestic partnerships, while 61% would oppose such an amendment, and 6% are undecided. A total of 534 state residents were polled.[83]

An April 20-22, 2012, poll by Public Policy Polling revealed that 54% would vote for the amendment, while 40% would vote against it, and 6% were undecided. A total of 1,139 likely primary voters were polled. The margin of error was +/-2.9%.[84]

An April 27-29, 2012, poll by Public Policy Polling revealed that 55% would vote for the amendment, while 41% would vote against it, and 4% were undecided. A total of 982 likely primary voters were polled. The margin of error was +/-3.1%.[85]

Legend

Position is ahead and at or over 50% Position is ahead or tied, but under 50%